Writing the WIC 366.3 Status Review Hearing Report for Minor Dependents
0300-503.16 | Revision Date: 6/15/2018

Overview

This policy guide instructs staff on how to thoroughly complete the WIC 366.3 Status Review Hearing report for "minor dependents".

Table of Contents

Version Summary

This policy guide was updated from the 07/27/17 version to reflect changes in upper Management approval requirements for certain permanent plan recommendations per FYI 17-39.

POLICY

WIC 366.3 Status Review

When the Juvenile Court orders a permanent plan of adoption, legal guardianship, placement with a fit and willing relative, or Another Planned Permanent Living Arrangement (APPLA), a child/youth’s status must be reviewed every six (6) months until the court terminates jurisdiction.

  • The court may order APPLA for youth age 16 or older, if appropriate. In cases where APPLA has been ordered, the CSW must ensure that there are intensive and ongoing efforts to return the youth to the home of the parent, place the youth for adoption or tribal customary adoption, establish a legal guardianship or place the youth with a fit and willing relative, as appropriate.
    • Efforts must include the use of technology including social media to find biological or other family members of the child, and/or a referral to the P3 Program.
  • If APPLA continues to be the recommendation, the CSW must provide the court with the following information:
    • A description of the intensive and ongoing efforts made to return the youth to the home of the parents, placed the youth for adoption, tribal customary adoption, or establish a legal guardianship;
    • The steps taken to ensure the youth's care provide is following the reasonable and prudent parent standard; and
    • The steps taken to ascertain whether the youth has regular opportunities to engage in age or developmentally appropriate activities, including consulting with the youth regarding his/her desires and opportunities to participate in various activities.

For children under 16 years of age, federal and state law eliminate APPLA as an allowable permanency option. The Court must order a permanent plan of return home, adoption, tribal customary adoption, legal guardianship or placement with a fit and willing relative, as appropriate for any child under the age of 16 who remains in foster care placement after reunification services are terminated. CSWs must provide the court with documentation of any barriers to achieving the permanent plan and the efforts made to address those barriers. If a child under the age of 16 currently has a permanent plan other than return home, adoption, tribal customary adoption, legal guardianship or placement with a fit and willing relative, DCFS must choose a permanency plan other than APPLA at the next permanency hearing.

  • If legal guardianship with continued court jurisdiction continues to be the recommendation, the CSW must provide the court with the following information:
    • Reasonable efforts already completed and those planned by the Child and Family Team to address the barriers to termination of jurisdiction and a projected timeline for the caregiver to assume guardianship and the family to exit the court and child welfare systems when it is safe and appropriate to do so.

During each six (6) month review period, CSWs must take into consideration that:

  • Pursuant to WIC 366.26 (i)(2), a child/youth may petition the juvenile court to reinstate parental rights pursuant to WIC Section 388 if the following criteria are met:
    • He/she has as not been adopted after at least three (3) years from the date the court terminated parental rights
    • The court has determined that adoption is no longer the permanent plan.
  • The child/youth may file the WIC 388 petition prior to the expiration of this three (3) year period if DCFS and the child/youth stipulate that he/she is no longer likely to be adopted. Refer to the Reinstatement of Parental Rights for more information.
  • Continued out of home care is presumed to be in the best interests of the child/youth, unless the parent(s) prove that further efforts at reunification are the best alternative for the child/youth pursuant to WIC 366.3(f).
  • The court may order that further family reunification services be provided to the parent(s) for up to six (6) months, or that family maintenance (FM) services be provided, as needed for an additional six (6) months .
  • The court will consider a parent/legal guardian’s criminal history information to the extent that it is substantially related to the welfare of the child/youth or to the parent/guardian's ability to exercise custody and control over the child. A parent/legal guardian may be required to submit to a Live Scan to investigate his/her suitability to reunify with the child if the Case Plan indicates that the child/youth’s removal resulted from an investigation of child abuse or neglect. If the parent/legal guardian refuses, CSWs must use California Law Enforcement Telecommunications System (CLETS)
  • Refer to Legal Permanent Plans for Children for a table of the required approval, including when Kin-GAP is not recommended with legal guardianship recommendations. Recommendations of Fit and Willing Relative, APPLA, Legal Guardianship with a non-relative, Legal Guardianship with a kin or fictive relative with open court jurisdiction requires ARA and RA approval.
PROCEDURE

Writing the WIC 366.3 Status Review Report

CSW Responsibilities

  1. Review the online case record.
    1. Ensure that all identifying information (e.g., names, addresses, phone numbers) is recorded and current.
    2. Update the case record, if necessary.
  2. Use and record information from the Family Background #1, Family Background #2 DI, and Family Background #3, Medical and Social History Information about the Birth Mother/Father.
  3. If the plan is to return the child to the home of a parent, complete the entire SDM Family Strengths and Needs Reassessment and the Family Reunification Reassessment tools, prior to completing the Status Review report.
    1. Use the SDM Online Help System for completing the tolls and for definition terms.
    2. Incorporate the information gathered from these documents into the report.
    3. Do not attach any SDM tools when submitting documents to the court, unless ordered by the court to do so.
  4. Complete a Case Plan Update.
    1. Attach it and all its supporting documents to the report.
    2. If necessary, update the case record.
  5. Generate the Status Review report in CWS/CMS.
    1. Select the appropriate options of whether:
      • ICWA does or does not apply
      • Interpreter section will or will not be included
      • Due diligence report is attached or not applicable
    2. Select options, as applicable, from the following sections that are needed in the report.
      • Detriment and Prognosis of Returning Child Home
      • Out of Home Placement
      • Permanency/Adoptability Assessment
      • Compliance with a Permanent Plan
    3. Complete all appropriate fields in the report that are not populated by the database.
      1. Refer to the sample Status Review Report for detailed information.
    4. Incorporate all observations and finding made during all contacts (including with the child, parents, siblings, relatives, caregiver, collateral contacts, etc.) throughout the body of the report during the last period of supervision, as appropriate. Refer to the sample Status Review Report.
  6. If ARA and/or RA/Division Chief signature is necessary, create an additional signature line for the ARA and RA/Division Chief.
  7. Request online approval for the Status Review report and the Case Plan Update and print it. Sign and date the hard copy.
  8. Submit the hard copy of the Status Review report and all supporting documents to the SCSW for approval.
    1. If the report is not approved, take necessary corrective action.
    2. When report is approved, route the report and all attachments to DCFS support staff for final preparation and delivery to court.
    3. The report is to be provided to court, counsel, and all parties 10 days prior to the hearing.

SCSW Responsibilities

  1. Review the Status Review report and any supporting documents
    1. If approved and if ARA/RA approval is required, sign and date the report and send the Status Review packet to the ARA and the RA/Division Chief for approval without approving it online.
      1. If approved by the ARA/RA, approve the report online and return the packet to the CSW.
      2. If the ARA/RA did not approve the report, take necessary corrective action, or, if necessary, return the packet to the CSW for corrective action.
    2. If approved and ARA approval is not required;
      1. Sign and date the hearing report.
      2. Approve the report online and return the packet to the CSW.

ARA Responsibilities

  1. Review the Status Review report and any supporting documents.
    1. If approved and applicable, forward the report packet to the RA/Division Chief for approval.
    2. If not approved, return the packet to the SCSW for corrective action.

RA/Division Chief Responsibilities

  1. Review the Status Review report and any supporting documents.
    1. If approved, sign and date the report and return it to the SCSW.
    2. If not approved, return the report packet to the SCSW for corrective action.

Writing the Status Review Hearing in the Six (6) Months Prior to the Youth Reaching Eighteen (18) Years of Age

CSW Responsibilities

  1. Document that you have provided and discussed each of the following with a youth who may be eligible for Extended Foster Care (EFC) as a nonminor dependent (NMD):
    • The potential benefits of continued dependency
    • The youth's right to remain in foster care as a NMD
    • The right to request termination of dependency upon reaching eighteen (18) years of age
    • The right to have his/her dependency reinstated, if the youth meets eligibility requirements any time prior to his/her twenty-first (21st) birthday by filing a petition pursuant to WIC 388(e).
  2. In addition to the instructions in Writing the WIC 366.3 Status Review Report, add all required information to the court report from Court Requirements for Youth Prior to Reaching 18 Years of Age under the Adequacy of Services Provided to the Child section.
  3. If the court provides the youth with an XK number due to their eligibility as an NMD, update the youth's Juvenile Court Number on the Client ID page on CWS/CMS to reflect the NMD's new court number.
    1. Enter the date the court made its order in the "Court Number Closed Date" field.
    2. Click on the "Inactive" box.
    3. Click on the "+" in the Juvenile Court Number grid to create a new row.
    4. Enter the new court number in the "Court Case Number (Petition Number) County" field.
    5. Enter the date the court made its order into the "Court Case Number Issued Date" field.
    6. Save to the database.
APPROVALS

RA or Division Chief Approval

SCSW Approval

  • Status Review Report
  • Concurrent Planning Assessment (CPA)
  • Case Plan Update

ARA Approval

HELPFUL LINKS

Attachments

Court Requirements for Youth Prior to Reaching 18 Years of Age

Sample Status Review Report

Situations Requiring ARA Approval on the WIC 366.3 Status Review Hearing Report
Approval Required for Legal Permanent Plans for Children

Forms

LA Kids

Family Background #1

Family Background #2, DI

Family Background #3, Medical and Social History Information about the Birth Mother/Father

JV-290, Caregiver Information Form w/Cover letter

JV-365, Termination of Dependency Jurisdiction--Child Attaining Age of Majority

SOC 161, Six-Month Certification of Extended Foster Care Participation

SOC 815, Approval of Family Caregiver Home

SOC 817, Checklist of Health and Safety Standards for Approval of Family Caregiver Home

SOC 818, Relative or Nonrelative Extended Family Member Caregiver Assessment

CWS/CMS

JV-464-INFO, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care

JV-505, Statement Regarding Paternity (Juvenile Dependency)

REFERENCED POLICY GUIDES

0070-559.10, Clearances

0080-502.10, Case Plans

0080-502.25, Family Maintenance Services for Court and Voluntary Cases

0080-505.20, Health and Education Passport (HEP)

0080-507.20, Concurrent Planning and the Concurrent Planning Assessment (CPA)

0300-308.07, Time Frames for Submission of Court Reports

0300-503.21, Termination of Parental Rights (TPR) Activities

0300-503.27, Reinstatement of Parental Rights

0300-508.30, Identifying and Notifying the Court of Recurring Efforts to Locate Relatives and Nonrelative Extended Family Members (NREFMs)

1200-500.05, Adopting and Serving Children Under the Indian Child Welfare Act (ICWA)

STATUTES AND OTHER MANDATES

All County Information Notice (ACIN) No. I-40-11 – Program Information Regarding Assembly Bill (AB) 12 and the Extension of foster Care to Age 20.

All County Letter (ACL)No. 11-69 – Extension of Foster Care Beyond Age 18: Part One.

ACL 16-28 - Another Planned Permanent Living Arrangement (APPLA)

  • Efforts must include the use of technology, including social media, to find biological or other family members of the child.

California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 31, Sections 515-520 – States the provisions for the Indian Child Welfare Act (ICWA).

Welfare and Institutions Code (WIC) Section 224 – States in part that California has an interest in protecting Indian children who are members of, or are eligible for membership in an Indian tribe. States that California is committed to protecting the essential tribal relations and to the best interest of an Indian child by promoting specific practices.

WIC Section 295 – Explains the notice requirements for the WIC 366.3 Status Review Hearing.

WIC Section 349(d) – States, in pertinent part, that if the minor is ten (10) years of age or older and if he/she is not present at the hearing, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire whether the minor was given an opportunity to attend.

WIC Section 361 – States, in part, that if an educational representative or surrogate is appointed for the child, the representative or surrogate shall meet with the child, investigate the child’s educational needs and whether those needs are being met, and, prior to each review hearing held under this article, provide information and recommendations concerning the child’s educational needs to the child’s social worker.

WIC Section 358.1 - Sets forth detailed requirements on the issue of sibling relationship which must be addressed in the social worker's social study or evaluation and must be received in evidence and considered before the court can render a disposition decision, and it must be updated and reviewed at subsequent review hearings.

WIC Section 361.5 – States, in pertinent part, that in determining whether court-ordered services may be extended, the court will consider the special circumstances of an incarcerated or institutionalized parent or parents, or parent or parents court-ordered to a residential substance abuse treatment program, including, but not limited to, barriers to the parent's or guardian's access to services and ability to maintain contact with his/ her child.

WIC Section 361.5 (g)(2)(A), 366.21(i)(2)(A) and 366.22(b)(2)(A) – State, in pertinent part, that a relative caregiver's preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.

WIC Section 361.5(g)(F)(2)(B) – States, in pertinent part, that a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption.

WIC Section 366.21(e) and .21(f) – States in part that if the child is not returned to his/ her parent/legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.

WIC Section 366.24(b) – States that whenever an assessment is ordered pursuant to Section 361.5, 366.21, 366.22, 366.25, or 366.26 for Indian children, the assessment shall address the option of tribal customary adoption.

WIC Section 366.26(c)(4)(C) – States, in part, that if parental right are not terminated and if legal guardianship or long term foster care is recommended, the court shall make an order for visitation with the parents/legal guardians unless the court finds by a preponderance of evidence that the visitation would be detrimental to the physical or emotional well-being of the child.

WIC Section 366.26(i)(2) – States, in pertinent part, that a child who has not been adopted after the passage of at least three (3) years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388.

WIC Section 366.3(a) – States that the status of the child shall be reviewed every six (6) months to ensure that the adoption or legal guardianship is completed as expeditiously as possible. When the adoption of the child has been granted, the court shall terminate its jurisdiction over the child.

WIC Section 366.3(e) – States, in pertinent part, that at the review held every six (6) months the reviewing body will inquire about the progress being made to provide a permanent home for the child, and will consider the safety of the child, the continuing necessity for and appropriateness of the placement.

WIC 366.3(e)(9)(D) - Sets forth detailed requirements on the issue of sibling relationship which must be addressed, updated and reviewed at status review hearings.

WIC Section 366.3(f) – States that unless their parental rights have been permanently terminated, the parent(s) of the child are entitled to receive notice of, and to participate in, those hearings. It shall be presumed that continued care is in the best interests of the child, unless the parent(s) prove, by a preponderance of the evidence, that further efforts at reunification are the best alternative for the child.

WIC Section 366.3(l) and (m) – Sets forth the requirements for the status review report for the hearing that occurs in the six (6) month period prior to the minor's attaining eighteen (18) years of age and at every subsequent review hearing. Also states what the court shall ensure at that hearing.

WIC Sections 366.31 – Sets forth regulations with respect to a nonminor dependent including the court’s authority to continue jurisdiction of the nonminor as a dependent of the juvenile court or dismiss dependency jurisdiction pursuant to WIC Section 391 and retain general jurisdiction over the youth pursuant to WIC Section 303.

WIC Section 366.35 – States, in pertinent part, that the implementation and operation of the amendments related to the mandate to report whether a child, who is ten (10) years of age or older and who has been in an out-of-home placement for six (6) months or longer, has relationships with individuals other than the child's siblings that are important to the child and consistent with the child's best interests.

WIC Section 391 – States that at any hearing to terminate jurisdiction over a dependent child who has reached the age of majority the county welfare department will ensure that the child is present in court, unless the child does not wish to appear in court, or document efforts by the county welfare department to locate the child when the child is not available.

WIC Section 11401(e) – States that aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under eighteen (18) years of age, and, on and after January 1, 2012, to any nonminor dependent.

WIC Section 16002(e) – States in, pertinent part, that if parental rights are terminated and the court orders a dependent child to be placed for adoption, the licensed county adoption agency or the California Department of Social Services (CDSS) shall, with exceptions, take steps to facilitate ongoing sibling contact.

WIC Section 16501.1(c) – Sets forth placement considerations for NMDs including requirements for a group home placement.

WIC Section 16501.1(d) – States, in pertinent part, that the Case Plan shall be updated, as the services needs of the child and family dictates at a minimum in conjunction with each status review hearing.

WIC Section 16501.1(f)(16)(A) – Sets forth Case Plan requirements for a child who is sixteen (16) years of age or older and, commencing January 1, 2012, for a nonminor dependent.